ALABAMA: State Fights Marriage Battle Fees

Alabama Attorney General Luther Strange has filed an objection to paying the “excessive” $200,000 in legal fees demanded by the attorneys who won same-sex marriage in his state. reports:

Instead, Mobile attorneys Christine Hernandez and David Kennedy – who sought a $275 hourly rate – should be reimbursed about $50,000, according to the filing. The state’s figure factors in a $150 hourly fee that it claims is more “reasonable” for lesser experienced attorneys working in a smaller practice. According to the filing, the lower hourly rate is justified because the two attorneys “did not have to reinvent the wheel.”

“The legal issues presented here may have been novel to this state, but they were not novel to the law, and Alabama’s marriage laws presented no unique issues that were not present in the marriage laws of other states,” the filing states. Subsequently, Kennedy wrote a scathing response that puts the burden of some of the costs on Strange’s office.

“After causing the litigation to be lengthier, fiercer, and ultimately more costly than necessary, Strange now asserts that Plaintiff’s counsel spent too much time working on this case,” Kennedy wrote in an Oct. 28 filing. “In other words, the losing party is criticizing how much time it took undersigned counsel to redress the unconstitutional discrimination against the Plaintiffs.”

Kennedy notes that the state’s own lawyers have presented a bill for $345,000.

  • Mark

    Fucking Alabama white bigot supremacist.

    • Lakeview Bob

      But Mark he is not a bigot. He is religious. Oh wait! I guess that is the same thing.

      • Mark

        After watching that northern Ireland mess yesterday – ‘religious’ = puckered asshole.

      • Blake Jordan

        The loudest voice in any fight against equal rights for minorities is religion…

        • RoFaWh

          Yes, it is, but I wonder what the real reasons are for “religion” fighting so strongly against marriage equality.

          At a guess, it’s because it erodes the churches’ position of authority over their dupes, which may lead to (a) members waking up to the lying nature of what they are told about gays and (b) in turn questioning what other “teachings” are also lies.

          The odd thing is that the fundagelicals are strongly opposed to M.E. even though one of the primary distinctions between Protestantism (of which the fundies are a branch) and Catholicism is that Protestants are allowed to read the bible on their own and make up their own minds, whereas Catholics are required to follow whatever the church teaches them.

          As we all know, the fundies have degenerated into a bunch of people who not only love being told exactly what to believe, but love the message even more if it’s wrapped up in lies. To say nothing of the prevalent atmosphere of grift, grift, grift among fundy churches.

    • D. J.

      Cheap bigoted white supremacist. Fixed it.

  • stuckinthewoods

    In my fond fantasy Judge Granade would increase their fee award to a commensurate $345,000.

    • RoFaWh

      That would be just and equitable.

      • IamM

        Maybe she can fine the AG and his office each a $1,000,000 fee for wasting everybody’s time with this.

  • oikos
  • olandp

    Someone should have thought about all of this at the beginning. It is no secret that the losing party in civil rights cases are responsible for the winning side’s attorney’s fees. The difference of pay scales and hours is significant, the plaintiffs are claiming over 700 hours of work, while the state is saying they should be paid for 333.

    Alabama should know that it doesn’t work they way the want. And those “lesser experienced attorneys” beat the shit out of you!

    • Reality.Bites

      I’m sure this argument will be as successful as the other ones Alabama presented to the court.

    • b

      Yea, the “those guys are second rate, but they won and threw our asses to the curb,” doesn’t really work that well. Neither does “those attorneys had this great, great case, that didn’t require a lot of work, but we fought them tooth and mouth anyway, driving up their costs,” doesn’t work. It is so fucking crazy, a judge will have real fun tossing them around.

      • Deborah Frank

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    • RoFaWh

      Haters think about the future?

      Ha ha ha ha ha ha ha ha ha ha ha ha ha!

  • Dreaming Vertebrate

    The Yellow-bellied Alabama WeaselPecker: An obnoxious animal with a “Strange” habit of shoving its staggering stupidity and relentless hypocrisy in everyone else’s face. Pay up weaselpeckers!

  • The comments at the article are not complimentary to Strange.

    And we all know he’ll be re-elected.

  • Lakeview Bob

    Bigotry is expensive.

    • Reality.Bites

      Not expensive enough. I wish all the couples had sued for damages.

  • Ninja0980

    When the Alabama Supreme Court is dominated by theocrats, should we be shocked by this?

  • SoCalVet

    wait…so the losers get the greater fee for having the poor judgement to defend such an indefensible case?

    • David Walker

      As they readily admit, this was not a virgin case. The honorable state of Alabama couldn’t see precedent, let alone which way the courts were going? They did this to show the citizens they were fighting for the plebs “rights”? Please. The judge should tack on damages for the AG’s stupidity and/or bigotry.

    • BobSF_94117

      Yeah, because the state attorneys didn’t use moth-eaten rehashed arguments from as far back as the 50s…

  • zhera

    So NOW they are worried about spending too much money on ‘defending marriage’. Typical!

    Let Alabama and all other states that are fighting equality learn that bigotry has a cost. Maybe, just maybe, they’ll think again before fighting ENDA laws.


    • Blake Jordan

      Of course they won’t learn from this…

      They will happily gut funding for public schools, public hospitals, etcetera in the name of being “fiscally responsible”…
      But they will happily spend lots of money on fighting civil rights for minorities!!!

      • David Walker

        That’s because it’s worked so well in the past.

  • delk

    Lesser attorneys? Hah!

    If they didn’t ‘reinvent the wheel” they sure did change the flat incurred from your reckless driving.

    Maybe you should reevaluate what you pay your attorneys to have their asses handed to them?

    Get your fingers out of preteen vaginas and onto the checkbook.

    • Michael Rush

      Take it out of the pay of the lesser Alabama Attorney General .

    • it’s rethuglican upsidedownland! where “lesser” means “the folks who kicked your ass in court, and made the court say you have to pay.” black is white, up is down!

  • Baltimatt

    “After causing the litigation to be lengthier, fiercer, and ultimately more costly than necessary, …

    Uhh, I think Alabama is the party that made the litigation lengthier, fiercer, and ultimately more costly.

    • Gustav2

      See, they are Republicans.

    • Menergy

      i read the judge’s starement as blaming the State (defendants) for causing the extra expenses and time. Maybe I need to re-read.

      • Fyva Prold

        Kennedy here is David Kennedy the lawyer.

        • Menergy

          Thanks ! I missed that. Thought “filing” was “ruling” too.🙄

      • Baltimatt

        You are right. I read it too quickly.

  • Bj Lincoln

    Losers. In every sense of the word.

  • Raising_Rlyeh

    They should pay more since Alabama should have realized that they were going to lose this lawsuit, but instead of doing the right thing they decided to keep fighting.

    • RoFaWh

      Ostriches with their heads in the sand.

  • Blake Jordan

    Hatred is not fiscally responsible, who would of guessed…

  • rusty57

    I see nothing that justifies AG Strange’s claims except spite and malice.

    • David Walker

      He majored in that in college. My guess is who cut classes the days they went over “make sure you have a case” and “loser pays victor.”

    • Xuuths

      You left off incompetence and bigotry.

      • rusty57

        I’m sorry, it’s Alabama, I thought those were a given.

  • The Professor

    Sorry Alabama bigots: you wanted to fight. You lost fair & square. And now you gotta pay for the mistake. Oh, and #HaHaHa

  • b

    That’s so nut’s it’s great comedy. The State loser does not want to pay the winners because their case was great? They losers don’t want to pay the winners because they drove up the winner’s fees by extensive battles they knew they should lose! That is absolutely, positively, 100 percent bat-shit. Maybe the funniest thing that has happened in our victories.

  • Mark Glenn

    They should get paid the market rate, not some opinionated made up number. In my neighborhood that would be around $250/HR

  • Wynter Marie Starr

    I’d be fine with a $50,000 pay out providing it comes out of Strange’s pocket. He should be fined at least that for being an idiot and dragging out a case that could not be won on and on, all in an effort to deny people civil rights.

    • David Walker

      And playing to the balcony. And continuing to find other ways to do so. Truly, truly I say unto thee, I’m really getting a hate-on for these people.

      • Wynter Marie Starr

        I so get that, David. I try not to hate others and to see their POV’s, but it becomes increasingly more difficult as the GOP continues their slide to the right.

        • David Walker

          Srsly. About the only POV I look forward to anymore are the front seat POVs on roller coaster videos on YouTube.

          • Wynter Marie Starr

            That sounds like a lot more fun!

  • ryan charisma

    pay your bills.

    freeloader – always looking for handouts

  • skeptical_inquirer

    I hope that fighting paying the legal bill will just increase the amount they have to pay. Can’t pay, don’t play, Alabama.

    Christianity: an expensive addiction. I wish there was a “White Lines” parody involving religion.

    • D. J.

      Christianity: an expensive addiction…….Oh my, I like that!

      • yeah, i think i’d rather be addicted to something that at least is fun and enhances sex, for that kind of money.

  • Sean

    Of course the lawless barbarians are. They fought to keep the illegal, anti-Americam, unconstitutional, unenforcable interracial marriage ban in their state constitution for 33 years after SCOTUS struck it down.

  • Michael Senesac

    They don’t like the fact that the money will go to pro-gay attys.

    • Menergy

      Yeah, “religious freedom” and all that……😉

  • D. J.

    Seems all the reasons for not appealing the case were well known to the losing side. That alone warrants additional damages not reduced fees to the winning side.
    Make grifting grifters Roy and Kayla Moore chip in while they’re at it, just because….

  • Queequeg

    Luther Strange? Sounds like one of Superman’s enemies. You lost, now pay up, Strange dude.

    • Fyva Prold

      The AG secretly thinks he’s a supervillain.

  • James

    So, basically, he’s admitting this was already an issue of settled law and he had no chance of winning. The mind boggles.

  • SFBruce

    What a crock. Given the way Alabama has predictably dragged its feet on this, just as it did regarding racial issues, these lawyers fees should be tripled, if anything.

  • bkmn

    Not surprising but they will end up paying. Screw the asshats!

  • Octavio

    Bwaaaaaaaa! We lost so our attorneys deserve more money than the godless commies who defended gaze and same sex marriage evil against gawd. No fair!!!!!

    In addition to paying the legal fees, if I were master of the Universe, I would see to it that the opposing attorneys, Luther Strange and all their collective progeny were sterilized so there would be no further damage to the human gene pool (a least from them). 🙁 Grrrrrrrrrrr . . . .

    • Xuuths

      They should also be disbarred for vexatious litigation.

    • RoFaWh

      I hereby designate you as Master of the Known Universe and Adjoining Regions.

      Ooops! Time’s up. Sorry. You only get three microseconds because demand to hold that position is so high.

  • RoFaWh

    People like Luther Strange make you ashamed to be a member of the human race.

    • Xuuths

      No, it makes me glad that they’re not members of the human race.

  • Dan Robinson

    You fight a losing fight, you lose, you pay. Maybe the voters will remember that for the next election.

  • Bert_Bauer

    Pay up. Shut up.

  • Macbill

    What is Alabama Attorney General Luther Strange’s favorite wine?

    “The mean ol’ attorneys of gays think they’re almost worth a little more than half of our loser attorney’s fees. Who do they think they are: WINNERS?”

  • Lawerence Collins

    Luther Strange…
    Name to me says repressed, Rethuglican sheeple.

  • The Alabama Attorney General is obviously just looking to save face, and I think he should be accommodated. After all, he lost and we won, and there’s no reason to rub his nose in it. He just needs some gesture so that it won’t appear like he was totally humiliated. I say we offer him a slice of gay wedding cake and turn him over to a collection agency.

  • JCF

    Take this “Strange” mofo to the cleaners: for every day he delays paying, tack on another $10K!

  • Deborah Frank

    .❝my neighbor’s aunt is making $98 HOURLY on the lap-top❞….A few days ago new McLaren F1 subsequent after earning 18,512$,,,this was my previous month’s paycheck ,and-a little over, $17k Last month ..3-5 h/r of work a day ..with extra open doors & weekly paychecks.. it’s realy the easiest work I have ever Do.. I Joined This 7 months ago and now making over $87, p/h..Learn More right Here….
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